Litigation
Pharmaceutical Antitrust
We represent two major retail drugstore chains in litigation under Section 1 of the Sherman Act against two drug manufacturers - a brand name manufacturer of a particular drug and a generic manufacturer that sought to market a generic version of that same drug - for alleged market allocation. The agreement at issue in the case is an alleged interim settlement of patent litigation brought under the Hatch-Waxman Act in which the brand name manufacturer paid the generic manufacturer $89 million dollars to delay putting the generic drug on the market. The district court ruled that the agreement is a per se violation of the antitrust laws and granted partial summary judgment to the plaintiffs on that issue.
Shareholder Steve Shadowen argued the case in the Sixth Circuit, which affirmed that decision. In November 2003, the remaining defendant filed a petition for certiorari with the United States Supreme Court arguing, among other things, that the ruling in the Sixth Circuit conflicted with the ruling in the Eleventh Circuit in another case that we are handling for the same plaintiffs. We filed a brief in opposition to the certiorari petition in December 2003. The Supreme Court invited the Solicitor General to file a brief expressing the views of the United States on whether the Court should grant certioriari. The Solicitor General took the position that certioriari should not be granted. On October 12, 2004 the Supreme Court denied certioriari.
Shareholder Steve Shadowen argued the case in the Sixth Circuit, which affirmed that decision. In November 2003, the remaining defendant filed a petition for certiorari with the United States Supreme Court arguing, among other things, that the ruling in the Sixth Circuit conflicted with the ruling in the Eleventh Circuit in another case that we are handling for the same plaintiffs. We filed a brief in opposition to the certiorari petition in December 2003. The Supreme Court invited the Solicitor General to file a brief expressing the views of the United States on whether the Court should grant certioriari. The Solicitor General took the position that certioriari should not be granted. On October 12, 2004 the Supreme Court denied certioriari.